What to do if Your Child is Injured in Daycare

Parents trust daycare centres to provide their children with a safe and nurturing environment, but accidents can still happen. From minor scrapes to more serious incidents, injuries are an unfortunate reality in many childcare settings. When a child gets hurt at daycare, it can be a distressing experience for both the child and their family. In addition to the immediate worry for their child’s well-being, parents are often left wondering how the injury occurred, if it could have been prevented, and what their rights are in addressing it. These concerns are entirely valid and deserve careful consideration, as every parent expects their child to be properly cared for and supervised when in someone else’s charge. This article explores the complex issue of daycare injuries, helping parents understand when and how they might pursue legal recourse if they believe their child’s injury resulted from the daycare’s failure to meet its obligations.

Common types of daycare injuries

Daycare injuries can range from minor scrapes to serious incidents requiring medical attention, often resulting from inadequate supervision or unsafe environments.

Common types of daycare injuries include:

• Falls – Occurring on playground equipment or uneven surfaces.
• Slips and Trips – Due to wet floors or obstacles like misplaced toys.
• Choking and Poisoning – From small objects or hazardous materials within reach.
• Injuries from Other Children – Bites, scratches, or physical altercations.
• Cuts and Bruises – From sharp edges or unsafe furniture.
• Burns – Contact with hot surfaces or liquids.

Legal responsibilities of daycares

In Ireland, daycare providers have a legal duty to create a safe environment and provide adequate supervision for children in their care. This duty of care is governed by several regulations, including the Child Care Act 1991 and Child Care (Pre-School Services) Regulations 2006, which set out basic standards for facilities that care for young children. Under these regulations, daycare centres are required to maintain safe premises, ensure appropriate adult-to-child ratios, and employ qualified staff. These standards aim to minimise the risk of accidents by establishing essential requirements for supervision, hygiene, and the overall safety of the environment.

The Occupiers’ Liability Act 1995 also applies, holding daycare providers responsible for injuries sustained on their premises due to unsafe conditions. Under this act, childcare facilities have a duty to ensure their premises are reasonably safe for visitors, including children. This means that daycare providers must identify and mitigate potential hazards, such as unsafe play equipment, unsecured cleaning products, or poorly maintained surfaces. Failing to meet these legal obligations can be considered negligence, and in cases where a child is injured due to a breach of these responsibilities, parents may have grounds to pursue legal action. The law provides a framework to hold daycare centres accountable, ensuring they maintain high safety standards and fulfil their responsibilities to the children entrusted to their care.

When can you sue a daycare?

Parents may be able to sue a daycare if their child’s injury is a result of the facility’s negligence or failure to meet required safety standards as set out in the aforementioned laws.  

Examples of situations where a daycare may be held liable include:

• Inadequate Supervision – Staff fail to monitor children, leading to injury during rough play.
• Unsafe Premises – Hazards like broken playground equipment or unsecured furniture cause accidents.
• Improperly Maintained Facilities – Wet floors or tripping hazards are left unaddressed, leading to falls.
• Negligent Hiring Practices – Untrained or unqualified staff members are responsible for children.
• Failure to Follow Safety Protocols – For example, failing to secure gates or doors, allowing children access to unsafe areas.
• Inadequate Emergency Response – Staff do not respond appropriately in medical emergencies, worsening a child’s condition.

Proving negligence in a daycare injury case

To bring a claim against a daycare for an injury, you need to show that the daycare was negligent. This means proving that they didn’t meet the expected level of care and that this failure directly caused your child’s injury.

Here are the main points you’ll need to demonstrate:

• Duty of Care – The daycare had a responsibility to keep your child safe. This is expected by law in Ireland, where all daycare centres must take reasonable steps to protect children.
• Breach of Duty – You need to show that the daycare didn’t meet their responsibilities. This could be due to things like lack of supervision, unsafe play areas, or unqualified staff.
• Causation – You’ll need to link the daycare’s actions (or lack of action) to your child’s injury. For example, if broken playground equipment caused the injury, you’d need to show that the daycare should have fixed it or blocked it off.
• Damages – Finally, you’ll need to demonstrate the actual harm caused by the injury, such as medical costs, pain, and emotional distress.

Evidence can help prove these points, such as:

• Witness statements from staff or other parents
• Photos or videos of the daycare environment
• Medical records showing the nature of the injury
• Inspection reports or records of previous safety concerns at the daycare

Types of damages you be entitled to

If you’re certain your child’s injury is due to negligence, you may be entitled to seek compensation for various types of damages. In Ireland, the amount and type of compensation for personal injuries are influenced by the Personal Injuries Guidelines, published by the Judicial Council. These guidelines provide clear recommendations on the amounts that may be awarded for different injuries, taking into account the severity and lasting effects of each injury.

Here are the main types of damages that you may be entitled to claim:

• General Damages for Pain and Suffering – This compensation is intended to address the physical and emotional pain your child has experienced as a result of the injury. The Personal Injuries Guidelines provide ranges for these amounts based on injury type, such as minor to severe injuries involving bones, soft tissues, or head trauma.
• Special Damages for Medical Expenses – You can also claim for medical costs incurred because of the injury, including doctor visits, hospital stays, surgeries, and any required therapies or rehabilitation.
• Future Medical Costs – If the injury is likely to require ongoing care, such as physical therapy or long-term medical support, you may claim for anticipated future expenses related to your child’s recovery and care.
• Compensation for Psychological Impact – Injuries can have psychological effects on children, especially if they lead to ongoing fear, anxiety, or behaviour changes. If these impacts are substantial, they may also be included in the compensation calculation.
• Loss of Enjoyment of Life – This applies if the injury significantly affects your child’s quality of life, such as limiting their ability to engage in sports, play, or other normal childhood activities.

The Personal Injuries Guidelines help ensure that compensation is fair and consistent across similar cases in Ireland, though each case will be evaluated on its own facts. Consulting a solicitor with experience in personal injury cases can help you understand which damages are most applicable to your situation and give you a clearer idea of potential compensation amounts based on these guidelines.

Get expert legal advice on behalf of your child

Deciding whether to pursue legal action after a daycare injury can be challenging and emotional. It’s essential to consider the specifics of your child’s injury, the daycare’s response, and the potential impact of legal action on both your family and the daycare. Consulting a solicitor can help clarify your legal options and provide guidance on the best course of action for seeking fair compensation and ensuring accountability. At McCarthy + Co Solicitors LLP, our personal injury team has extensive experience bringing successful claims against negligent care providers such as daycares, schools and healthcare facilities. Arrange an appointment to speak to a personal injury solicitor today by completing our confidential online form.